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Brexit round-up – 13/11/20

Welcome to this, our latest Brexit round-up. Each week we provide a succinct round-up of the latest news surrounding the Brexit process, so you can keep abreast of the issues which are likely to affect your organisation.

UK Internal Market Bill completes committee stage in House of Lords

The United Kingdom Internal Market Bill 2019-21 completed the committee stage in the House of Lords. The Bill seeks to prevent the emergence of regulatory divergence and barriers to trade within the UK domestic market when the powers to regulate trade between the four UK nations that are currently exercised at an EU level flow back to the UK Government and the devolved administrations on 1 January 2021. The Lords voted to remove clauses 42 and 44 in Part 5 of the Bill as these clauses would respectively allow the Government to break international law in relation to the Northern Ireland Protocol to the UK-EU Withdrawal Agreement and to override parts of the Withdrawal Agreement relating to Northern Ireland. Previously during the second reading stage, the Lords had voted to put on record their regret that Part 5 would undermine the rule of law and damage the UK’s reputation. The report stage of the Bill is due to commence on 18 November 2020 and the Government has pledged to reintroduce the clauses removed by the Lords when the bill returns to the Commons.

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Trade talks continue

Last weekend Prime Minister Boris Johnson spoke on the phone to European Commission President Ursula von der Leyen and both agreed some progress had been made in recent weeks but Ms von der Leyen said “large differences” remained over the question of access to British fishing waters from 2021 and regulations on workers’ rights, environmental protection, and state aid designed to maintain a “level-playing field.” Trade talks resumed again in London this week however those differences still remain. Talks are expected to continue next week and Boris Johnson said reaching an agreement would be “very difficult”, but that it was “doable” and the coming days were “crucial” however he said he is prepared to move forward without a deal.

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Immigration Act receives Royal Assent

The Immigration Act received Royal Assent this week and has been signed into law. This means free movement will end at 11pm on 31 December 2020 and the UK will be able to decide who comes into the country which will be done via a new points-based immigration system. Those wanting to come into the UK to work will need to apply for permission in advance. They will be awarded points for a job offer at the appropriate skill level, if they speak English, and for meeting the appropriate salary threshold. Visas will be awarded to those who gain enough points. Prime Minister Boris Johnson said “Today marks the delivery of our promise to the British people to regain control of our borders and consider new arrivals on the basis of the skills they have to offer and the contribution they can make, not where they come from. The passing of this landmark Bill means that for the first time in decades we will have a firm and fair immigration system that will support our economy and see us build back better.”

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Agriculture Bill receives Royal Assent

The Agriculture Act received Royal Assent this week and has been signed into law. The Agriculture Act sets out how farmers and land managers in England will be rewarded in the future with public money for “public goods” such as better air and water quality, thriving wildlife, soil health, or measures to reduce flooding and tackle the effects of climate change, under the Environmental Land Management scheme. The Bill also includes measures designed to support our farmers and land managers to boost their productivity, and ultimately maximise the potential of our land to produce high quality food in a more sustainable way.

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If you have any questions about any of the issues which are raised, or would like to discuss your own organisation’s options during the Brexit process, please do not hesitate to get in touch.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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